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Removal Proceedings•Aug 12, 2025•By Cynthia I. Waisman

What is a provisional unlawful presence waiver?

A provisional unlawful presence waiver is an immigration tool that allows certain undocumented individuals in the U.S. to seek legal status without being separated from their families for extended periods. Many immigrants who have entered the U.S. without authorization or overstayed their visas may be subject to a three- or ten-year bar from reentering the…